However, gun control opponents, backed by the National Rifle Association, say increased background checks would do little to stem gun violence.
“Like the rest of the nation I am saddened by the horrific acts of mass violence that have struck our communities, but the measures announced today threaten our constitutional rights and would not solve the problem,” John Cornyn of Texas, the Senate’s No. 2 Republican, said Monday.
“I predict that [Obama’s] executive action on guns, like his executive action on immigration, will be unlawful and blocked in court,” he added on Twitter.
Legal efforts to stop Obama’s actions before they are implemented already appear imminent, including from conservative advocacy group Freedom Watch. The Second Amendment Foundation, a gun rights nonprofit that often takes legal action against gun control legislation around the country, was coy about its plans but in the process of examining the information coming out of the White House.
“Our attorneys never want us to discuss possible legal actions until they are filed,” says Alan Gottlieb, the group’s founder. “It’s never smart to share our strategies in advance with opponents of the Second Amendment.”
Obama has been frequently accused of using executive actions to circumvent congressional gridlock and exceed his constitutional authority. How his new actions fare against court challenges will lie in part in how narrowly they are worded.
Legal precedent allows the executive to use actions to clarify ambiguous statutes, which likely played into the wording used by the administration to describe some of Tuesday’s actions.
“No matter how many times people try to twist my words around – I taught constitutional law, I know a little about this – I get it,” Obama said Tuesday. “But I also believe that we can find ways to reduce gun violence consistent with the Second Amendment.”
Despite his reassurances, Republicans don’t seem to be buying it.
“Did your lessons include the separation of powers, Mr. President?” came a response from Rep. Diane Black, R-Tenn. “Congress makes the laws.”
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